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(영문) 서울북부지방법원 2018.08.09 2018고단708

사기

Text

The punishment of the accused shall be determined by one year and six months.

Reasons

Punishment of the crime

[criminal records] On June 27, 2017, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Northern District Court for fraud, and the judgment became final and conclusive on March 29, 2018.

[Criminal facts] The Defendant was the personal information of D in Jung-gu Seoul Metropolitan Government, and around September 23, 2013, the Defendant borrowed 20 million won to the victim E, who was Dogdog-do around September 23, 2013, as the victim E, who was Dog-do.” and the Defendant would have repaid Dog-gu only before the first month.

Drown, Mara.

The phrase “ makes a false statement.”

However, the Defendant did not have a certain amount of income except for the money paid to D, while the Defendant was in a situation where the amount of taxes in arrears is at least KRW 420 million, and the amount of personal debt of KRW 6-700 million, which is the total amount of KRW 200,000,000,000,000 for other credit-based F. Thus, even if he/she borrowed money, he/she merely thought to use the money for the repayment of the so-called so-called so-called “prevention from returning” existing debt, and did not have any intention or ability

As above, the Defendant, as well as from around that time to March 24, 2016, received a total of KRW 320 million over 11 times, such as the statement in the list of crimes, from around that time, by deceiving the victim and being delivered KRW 20 million from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness E;

1. Each investigation report (to hear statements from a witness G / Reporting on the verification of official documents related to taxes in arrears of a suspect A / Reporting on the submission of data from a complainant);

1. A detailed statement on deposit transactions, details on financial transactions between the complainant E and the defendant's lawsuit, a detailed statement on deposit transactions, a civil loan judgment, and a detailed statement on deposit transactions;

1. Previous convictions in the judgment: Each investigation report (the confirmation and reporting of the judgment of the first instance court of the case among the suspect A trials / the appellate court of the relevant case- the court of appeal of the relevant case) and the application of the law

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.